IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1^ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200113 OF 2025 (439(Cr.PC)/483(BNSS))

BETWEEN:

1. RAHUL S/O DANAPPA MALAGE, AGE: 24 YEARS, OCC: STUDENT, R/O. NO.3-348, CHAPPAL BAZAR ROAD, NERA VIJAY LODGE, GAZIPUR, KALABURAGI, TQ. AND DIST. KALABURAGI.

2. PRAJWAL TALWAR @ PRAJWAL R. DANDGUND S/O RAJSHEKHAR, AGE: 20 YEARS, OCC: STUDENT, R/O .HOUSE NO.3-966/3, BASAV NIVAS, DARGA ROAD, ATTAR COMPOUND GAZIPUR, KALABURAGI TQ AND DIST. KALABURAGI.

…PETITIONERS (BY SRI SURESH C. TENGLI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH UNIVERSITY PS KALABURAGI, (REPRESENTING BY, LEARNED ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT KALABURAGI - 585107).

…RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP)

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC

483 OF BNSS, PRAYING TO, ALLOW THE PETITION FILED BY THE PETITIONERS U/SEC 483 OF BNSS 2023 AND TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.1/2025 OF UNIVERSITY POLICE STATION, KALABURAGI PENDING ON THE FILE OF III ADDL. CIVIL JUDGE (JR.DN) AND JMFC AT KALABURAGI, FOR THE OFFENCES U/SEC 109, 115(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 351(2), 352 OF THE BHARATIYA NYAYA SANHITA (BNS) 2023.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused Nos.4 & 5 in Crime No.01/2025 registered by University Police Station, Kalaburagi for offences punishable under Sections 109, 115(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 351(2), 352, are before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.01/2025 was registered by University Police Station, Kalaburagi, for the aforesaid offences against Sharanu Lengati and 4 others on the basis of first information dated 01.01.2025 received from Basavaraj S/o Vijayakumar. Petitioners herein are arrayed as accused Nos.4 & 5 in the FIR. During the course of investigation, they were arrested on 04.01.2025. Bail application filed by the petitioners before the jurisdictional Sessions court in Crl.Misc.No.32/2025 was rejected on

17.01.2025. Therefore they are before this court.

4. Learned counsel for the petitioners submits that, petitioners are students having no criminal antecedent. Allegation against petitioners is that they had assaulted the injured with their hands. Major portion of the investigation is completed and injured has been already discharged from hospital. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader has opposed the petition. He submits that in the further statement of the injured, he has stated that accused No.4 had assaulted him with a stone on his head and had caused grievous injury. The injured was admitted in the hospital for a period of nearly 20 days and he is now discharged from hospital. In the event, petitioners are enlarged on bail, they are likely to threaten the prosecution witnesses. Accordingly, he prays to dismiss the petition.

6. Perusal of the first information dated 01.01.2025 which was received by the police at about 09.00 a.m. would go to show that, on the intervening night of 31.12.2024 and 01.01.2025 at about 12.00 in the midnight, the first informant and Siddu Girani - the manager of the bar and restaurant in which first informant was working, after closing the bar and restaurant, were on their way to their home in a motorcycle, carrying money that was collected in the bar and restaurant. At that time, the accused persons who came in a car and motorcycle intercepted the motorcycle of first informant and Siddu Girani and all of a sudden started abusing and assaulting them. It is alleged that accused Nos.1 & 2 assaulted the first informant on his face with their fist and accused Nos.3, 4 & 5 assaul